Mr. Durbin (for himself,
Mr. Boozman, Mr. Coons, Ms.
Landrieu, and Mr. Cardin)
introduced the following bill; which was read twice and referred to the
Committee on Foreign
Relations

A BILL

To create jobs in the United States by increasing United
States exports to Africa by at least 200 percent in real dollar value within 10
years, and for other purposes.

1.

Short title

This Act may be cited as the
Increasing American Jobs Through
Greater Exports to Africa Act of 2013.

2.

Findings;
purpose

(a)

Findings

Congress makes the following
findings:

(1)

Export growth
helps United States businesses grow and create American jobs. In 2011, United
States exports supported 9,700,000 jobs and 97.8 percent of United States
exports came from small- and medium-sized businesses in 2010.

(2)

The more than 20
Federal agencies that are involved in export promotion and financing are not
sufficiently coordinated to adequately expand United States commercial exports
to Africa.

(3)

The President has
taken steps to improve how the United States Government supports American
businesses by mandating an executive review across agencies and a new Doing
Business in Africa initiative, but a substantially greater high-level focus on
Africa is needed.

(4)

Many other
countries have trade promotion programs that aggressively compete against
United States exports in Africa and around the world. For example, in 2010,
medium- and long-term official export credit general volumes from the Group of
7 countries (Canada, France, Germany, Italy, Japan, the United Kingdom, and the
United States) totaled $65,400,000,000. Germany provided the largest level of
support at $22,500,000,000, followed by France at $17,400,000,000 and the
United States at $13,000,000,000. Official export credit support by emerging
market economies such as Brazil, China, and India are significant as
well.

(5)

Between 2008
and 2010, China alone provided more than $110,000,000,000 in loans to the
developing world, and, in 2009, China surpassed the United States as the
leading trade partner of African countries. In the last 10 years, African trade
with China has increased from $11,000,000,000 to $166,000,000,000.

(6)

The Export-Import
Bank of the United States substantially increased lending to United States
businesses focused on Africa from $400,000,000 in 2009 to $1,400,000,000 in
2011, but the Export-Import Bank of China dwarfed this effort with an estimated
$12,000,000,000 worth of financing. Overall, China is outpacing the United
States in selling goods to Africa at a rate of 3 to 1.

(7)

Other
countries such as India, Turkey, Russia, and Brazil are also aggressively
seeking markets in Africa using their national export banks to provide
concessional assistance.

(8)

The Chinese
practice of concessional financing runs contrary to the principles of the
Organization of Economic Co-operation and Development related to open market
rates, undermines naturally competitive rates, and can allow governments in
Africa to overlook the troubling record on labor practices, human rights, and
environmental impact.

(9)

As stated in a
recent report entitled Embracing Africa’s Economic Potential by
Senator Chris Coons, Economic growth in Africa has risen dramatically,
but the continent’s vast economic potential has not yet been fully realized by
the U.S. Government or the American private sector..

(10)

The African
continent is undergoing a period of rapid growth and middle class development,
as seen from major indicators such as Internet use, clean water access, and
real income growth. In the last decade alone, the percentage of the population
with access to the Internet has doubled. Seventy-eight percent of Africa’s
rural population now has access to clean water. Over the past 10 years, real
income per person in Africa has grown by more than 30 percent.

(11)

Economists
have designated Africa as the next frontier market, with
profitability of many African firms and growth rates of African countries
exceeding global averages in recent years. Countries in Africa have a
collective spending power of almost $9,000,000,000 and a gross domestic product
of $1,600,000,000,000, which are projected to double in the next 10
years.

(12)

In the past
10 years, Africa has been home to 6 of the 10 fastest growing economies in the
world. Sub-Saharan Africa is projected to have the fastest growing economies in
the world over the next 10 years, with 7 of the 10 fastest growing economies
located in sub-Saharan Africa.

(13)

When
countries such as China assist with large-scale government projects, they also
gain an upper hand in relations with African leaders and access to valuable
commodities such as oil and copper, typically without regard to environmental,
human rights, labor, or governance standards.

(14)

Unless the
United States can offer competitive financing for its firms in Africa, it will
be deprived of opportunities to participate in African efforts to close the
continent’s significant infrastructure gap that amounts to an estimated
$100,000,000,000.

(b)

Purpose

The
purpose of this Act is to create jobs in the United States by expanding
programs that will result in increasing United States exports to Africa by 200
percent in real dollar value within 10 years.

3.

Definitions

In this Act:

(1)

Africa

The
term Africa refers to the entire continent of Africa and its 54
countries, including the Republic of South Sudan.

(2)

African
Diaspora

The term African diaspora means the people
of African origin living in the United States, irrespective of their
citizenship and nationality, who are willing to contribute to the development
of Africa.

the Committee on
Appropriations, the Committee on Banking, Housing, and Urban Affairs, the
Committee on Foreign Relations, and the Committee on Finance of the Senate;
and

(B)

the Committee on
Appropriations, the Committee on Energy and Commerce, the Committee on
Financial Services, the Committee on Foreign Affairs, and the Committee on Ways
and Means of the House of Representatives.

(5)

Development
agencies

The term development agencies includes the
Department of State, the United States Agency for International Development
(USAID), the Millennium Challenge Corporation (MCC), the Overseas Private
Investment Corporation (OPIC), the United States Trade and Development Agency
(USTDA), the United States Department of Agriculture (USDA), and relevant
multilateral development banks.

(6)

Trade
Policy Staff Committee

The term Trade Policy Staff
Committee means the Trade Policy Staff Committee established pursuant to
section 2002.2 of title 15, Code of Federal Regulations, and is composed of
representatives of Federal agencies in charge of developing and coordinating
United States positions on international trade and trade-related investment
issues.

(7)

Multilateral
development banks

The term multilateral development
banks has the meaning given that term in section 1701(c)(4) of the
International Financial Institutions Act (22 U.S.C. 262r(c)(4)) and includes
the African Development Foundation.

(8)

Sub-Saharan
region

The term sub-Saharan region refers to the 49
countries listed in section 107 of the African Growth and Opportunity Act (19
U.S.C. 3706) and includes the Republic of South Sudan.

The term United States and
Foreign Commercial Service means the United States and Foreign
Commercial Service established by section 2301 of the Export Enhancement Act of
1988 (15 U.S.C. 4721).

4.

Strategy

(a)

In
general

Not later than 180 days after the date of the enactment
of this Act, the President shall establish a comprehensive United States
strategy for public and private investment, trade, and development in
Africa.

(b)

Focus of
strategy

The strategy required by subsection (a) shall focus
on—

(1)

increasing
exports of United States goods and services to Africa by 200 percent in real
dollar value within 10 years from the date of the enactment of this Act;

(2)

promoting the
alignment of United States commercial interests with development priorities in
Africa;

(3)

developing
relationships between the governments of countries in Africa and United States
businesses that have an expertise in such issues as infrastructure development,
technology, telecommunications, energy, and agriculture;

(4)

improving the
competitiveness of United States businesses in Africa, including the role the
African diaspora can play in enhancing such competitiveness;

promoting
economic integration in Africa through working with the subregional economic
communities, supporting efforts for deeper integration through the development
of customs unions within western and central Africa and within eastern and
southern Africa, eliminating time-consuming border formalities into and within
these areas, and supporting regionally based infrastructure projects;

(7)

encouraging a
greater understanding among United States business and financial communities of
the opportunities Africa holds for United States exports;

(8)

fostering
partnership opportunities between United States and African small- and
medium-sized enterprises; and

(9)

monitoring—

(A)

market loan
rates and the availability of capital for United States business investment in
Africa;

(B)

loan rates
offered by the governments of other countries for investment in Africa;
and

(C)

the policies
of other countries with respect to export financing for investment in Africa
that are predatory or distort markets.

(c)

Consultations

In
developing the strategy required by subsection (a), the President shall consult
with—

(1)

Congress;

(2)

each agency that
is a member of the Trade Promotion Coordinating Committee;

(3)

the relevant
multilateral development banks, in coordination with the Secretary of the
Treasury and the respective United States Executive Directors of such
banks;

(4)

each agency
that participates in the Trade Policy Staff Committee;

(5)

the President's
National Export Council;

(6)

each of the
development agencies;

(7)

any other
Federal agencies with responsibility for export promotion or financing and
development; and

Not
later than 180 days after the date of the enactment of this Act, the President
shall submit to Congress the strategy required by subsection (a).

(2)

Progress
report

Not later than 3 years after the date of the enactment of
this Act, the President shall submit to Congress a report on the implementation
of the strategy required by subsection (a).

(3)

Content of
report

The report required by paragraph (2) shall include an
assessment of the extent to which the strategy required by subsection
(a)—

(A)

has been
successful in developing critical analyses of policies to increase exports to
Africa;

(B)

has been
successful in increasing the competitiveness of United States businesses in
Africa;

(C)

has been
successful in creating jobs in the United States, including the nature and
sustainability of such jobs;

(D)

has provided
sufficient United States Government support to meet third country competition
in the region;

(E)

has been
successful in helping the African diaspora in the United States participate in
economic growth in Africa;

(F)

has been
successful in promoting economic integration in Africa; and

(G)

has made a
meaningful contribution to the transformation of Africa and its full
integration into the 21st century world economy, not only as a supplier of
primary products but also as full participant in international supply and
distribution chains and as a consumer of international goods and
services.

5.

Special
Africa Strategy Coordinator

The
President shall designate an individual to serve as Special Africa Export
Strategy Coordinator—

(1)

to oversee the
development and implementation of the strategy required by section 4;
and

(2)

to coordinate with
the Trade Promotion Coordinating Committee, (the interagency AGOA committees),
and development agencies with respect to developing and implementing the
strategy.

6.

Trade
mission to Africa

It is the sense of
Congress that, not later than 1 year after the date of the enactment of this
Act, the Secretary of Commerce and other high-level officials of the United
States Government with responsibility for export promotion, financing, and
development should conduct a joint trade mission to Africa.

7.

Personnel

(a)

United
States and foreign commercial service

(1)

In
general

The Secretary of Commerce shall ensure that not less than
10 total United States and Foreign Commercial Service officers are assigned to
Africa for each of the first 5 fiscal years beginning after the date of the
enactment of this Act.

(2)

Assignment

The
Secretary shall, in consultation with the Trade Promotion Coordinating
Committee and the Special Africa Export Strategy Coordinator, assign the United
States and Foreign Commercial Service officers described in paragraph (1) to
United States embassies in Africa after conducting a timely resource allocation
analysis that represents a forward-looking assessment of future United States
trade opportunities in Africa.

(3)

Multilateral
development banks

(A)

In
general

As soon as practicable after the date of the enactment of
this Act, the Secretary of Commerce shall, using existing staff, assign not
less than 1 full-time United States and Foreign Commercial Service officer to
the office of the United States Executive Director at the World Bank and the
African Development Bank.

(B)

Responsibilities

Each
United States and Foreign Commercial Service officer assigned under
subparagraph (A) shall be responsible for—

(i)

increasing
the access of United States businesses to procurement contracts with the
multilateral development bank to which the officer is assigned; and

(ii)

facilitating
the access of United States businesses to risk insurance, equity investments,
consulting services, and lending provided by that bank.

(b)

Export-Import
Bank of the United States

Of the amounts collected by the
Export-Import Bank that remain after paying the expenses the Bank is authorized
to pay from such amounts for administrative expenses, the Bank shall use
sufficient funds to do the following:

(1)

Increase the
number of staff dedicated to expanding business development for Africa,
including increasing the number of business development trips the Bank conducts
to Africa and the amount of time staff spends in Africa to meet the goals set
forth in section 9 and paragraph (4) of section 6(a) of the Export-Import Bank
of 1945, as added by section 9(a)(2).

(2)

Maintain an
appropriate number of employees of the Bank assigned to United States field
offices of the Bank to be distributed as geographically appropriate through the
United States. Such offices shall coordinate with the related export efforts
undertaken by the Small Business Administration regional field offices.

(3)

Upgrade the Bank's
equipment and software to more expeditiously, effectively, and efficiently
process and track applications for financing received by the Bank.

(c)

Overseas
Private Investment Corporation

(1)

Staffing

Of
the net offsetting collections collected by the Overseas Private Investment
Corporation used for administrative expenses, the Corporation shall use
sufficient funds to increase by not more than 5 the staff needed to promote
stable and sustainable economic growth and development in Africa, to strengthen
and expand the private sector in Africa, and to facilitate the general economic
development of Africa, with a particular focus on helping United States
businesses expand into African markets.

(2)

Report

The
Corporation shall report to the appropriate congressional committees on whether
recent technology upgrades have resulted in more effective and efficient
processing and tracking of applications for financing received by the
Corporation.

(3)

Certain costs
not considered administrative expenses

For purposes of this
subsection, systems infrastructure costs associated with activities authorized
by title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 231 et seq.) shall not be considered administrative expenses.

(d)

Rule of
construction

Nothing in this section shall be construed as
permitting the reduction of Department of Commerce, Department of State,
Export-Import Bank, or Overseas Private Investment Corporation personnel or the
alteration of planned personnel increases in other regions, except where a
personnel decrease was previously anticipated or where decreased export
opportunities justify personnel reductions.

8.

Training

The President shall develop a plan—

(1)

to standardize the training received by
United States and Foreign Commercial Service officers, economic officers of the
Department of State, and economic officers of the United States Agency for
International Development with respect to the programs and procedures of the
Export-Import Bank of the United States, the Overseas Private Investment
Corporation, the Small Business Administration, and the United States Trade and
Development Agency; and

(2)

to ensure
that, not later than 1 year after the date of the enactment of this Act—

(A)

all United States
and Foreign Commercial Service officers that are stationed overseas receive the
training described in paragraph (1); and

(B)

in the case of a
country to which no United States and Foreign Commercial Service officer is
assigned, any economic officer of the Department of State stationed in that
country shall receive that training.

9.

Export-Import
Bank Financing

(a)

Financing for
projects in Africa

(1)

Sense of
Congress

It is the sense of Congress that foreign export credit
agencies are providing non-OECD arrangement compliant financing in Africa,
which is trade distorting and threatens United States jobs.

(2)

In
general

Section 6(a) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended by adding at the
end the following:

(4)

Percent of
financing to be used for projects in africa

The Bank shall, to
the extent that there are acceptable final applications, increase the amount it
finances to Africa over the prior year’s financing for each of the first five
fiscal years beginning after the date of the enactment of the
Increasing American Jobs Through Greater
Exports to Africa Act of
2013.

.

(3)

Report

Not
later than 1 year after the date of the enactment of this Act, and annually
thereafter for 5 years, the Export-Import Bank shall report to the
Committee on Banking, Housing, and Urban
Affairs, the Committee
on Foreign Relations, and
the Committee on Appropriations of the
Senate and the Committee
on Financial Services, the
Committee on Foreign Affairs, and the
Committee on Appropriations of the House of
Representatives if the Bank has not used at least 10 percent
of its lending capabilities for projects in Africa as described in paragraph
(4) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph
(2). The report shall include the reasons why the Bank failed to reach this
goal and a description of all final applications for projects in Africa that
were deemed unworthy of Bank support.

(b)

Availability
of portion of capitalization To compete against foreign concessional
loans

(1)

In
general

The Bank shall make available annually such amounts as
are necessary for loans that counter trade distorting non-OECD arrangement
compliant financing or preferential, tied aid, or other related non-market
loans offered by other nations for which United States companies are also
competing or interested in competing.

(2)

Report

Not
later than 1 year after the date of the enactment of this Act, and annually
thereafter for 5 years, the Export-Import Bank shall submit to the
Committee on Banking, Housing, and Urban
Affairs, the Committee
on Foreign Relations, and
the Committee on Appropriations of the
Senate and the Committee on
Financial Services, the
Committee on Foreign Affairs, and the
Committee on Appropriations of the House of
Representatives a report on all loans made or rejected that
were considered to counter non-OECD arrangement compliant financing offered by
other nations to its firms. The report shall not disclose any information that
is confidential or business proprietary, or that would violate section 1905 of
title 18, United States Code (commonly referred to as the Trade Secrets
Act). The report shall include a description of trade distorting
non-OECD arrangement compliant financing loans made by other countries during
that fiscal year to firms that competed against the United States firms.

in the matter
preceding paragraph (1), by inserting the Trade Promotion Coordinating
Committee, after Director of the United States Trade and
Development Agency,; and

(2)

in paragraph (3),
by inserting regional offices of the Export-Import Bank, after
Retired Executives,.

11.

Bilateral,
subregional and regional, and multilateral agreements

Where applicable, the President shall
explore opportunities to negotiate bilateral, subregional, and regional
agreements that encourage trade and eliminate nontariff barriers to trade
between countries, such as negotiating investor friendly double-taxation
treaties and investment promotion agreements. United States negotiators in
multilateral forum should take into account the objectives of this Act. To the
extent any such agreements exist between the United States and an African
country, the President shall ensure that the agreement is being implemented in
a manner that maximizes the positive effects for United States trade, export,
and labor interests as well as the economic development of the countries in
Africa.